The Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014

Made: 16th June 2014

The Secretary of State, in exercise of the powers conferred by sections 150(3) and (4)(a), (b)(i) and (c) of the Welfare Reform Act 2012 , makes the following Order:

Citation

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This Order may be cited as the Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014.

Interpretation

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• (1) In this Order—

• “the Act” means the Welfare Reform Act 2012;

• “the amending provisions” means the provisions referred to in article 4(1)(a) to (c) of the No. 9 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance) ;

• “claimant”, in relation to an employment and support allowance or a jobseeker’s allowance, has the same meaning as in Part 1 of the Welfare Reform Act 2007 and the Jobseekers Act 1995 (as it applies apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based jobseeker’s allowance) respectively and, in relation to universal credit, has the same meaning as in Part 1 of the Act ;

• “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007 ;

• “First-tier Tribunal” has the same meaning as in the Social Security Act 1998 ;

• “gateway conditions” means the conditions specified in Schedule 5 to the No. 9 Order ;

• “jobseeker's allowance” means a jobseeker's allowance under the Jobseekers Act 1995 ;

• “joint claimants”, in relation to universal credit, has the same meaning as in Part 1 of the Act ;

• “the No. 9 Order” means the Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 ;

• “No. 8 relevant districts” means the postcode districts and part-districts specified in Part 1 of the Schedule;

• “No. 9 relevant districts” means the postcode districts and part-districts specified in Part 2 of the Schedule;

• “No. 10 relevant districts” means the postcode districts and part-districts specified in Part 3 of the Schedule;

• “No. 11 relevant districts” means the postcode districts and part-districts specified in Part 4 of the Schedule;

• “No. 12 relevant districts” means the postcode districts and part-districts specified in Part 5 of the Schedule;

• “No. 13 relevant districts” means the postcode districts and part-districts specified in Part 6 of the Schedule;

• “single claimant”, in relation to universal credit, has the same meaning as in Part 1 of the Act;

• “Upper Tribunal” has the same meaning as in the Social Security Act 1998.

• (2) For the purposes of this Order, the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 apply for the purpose of deciding—

• (a) whether a claim for universal credit is made; and

• (b) the date on which such a claim is made.

Day appointed for the coming into force of the universal credit provisions

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• (1) The day appointed for the coming into force of the provisions of the Act listed in Schedule 2 to the No. 9 Order, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

• (2) The claims referred to are—

• (a) a claim for universal credit that is made on or after 23rd June 2014 in respect of a period that begins on or after 23rd June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 8 relevant districts and meets the gateway conditions;

• (b) a claim for universal credit that is made in respect of a period that begins on or after 23rd June 2014 where—

• (i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a No. 8 relevant district or meeting the gateway conditions and the claimant does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made;

• (ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district or meeting the gateway conditions and one or both of them does not or do not reside in such a district or does not or do not meet those conditions on the date on which the claim is made; and

• (iii) after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Secretary of State discovers that incorrect information has been given regarding residence or meeting the gateway conditions;

• (c) a claim for universal credit that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 9 relevant districts and meets the gateway conditions;

• (d) a claim for universal credit that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 9 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (e) a claim for universal credit that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 10 relevant districts and meets the gateway conditions;

• (f) a claim for universal credit that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 10 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (g) a claim for universal credit that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 11 relevant districts and meets the gateway conditions;

• (h) a claim for universal credit that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 11 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (i) a claim for universal credit that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 12 relevant districts and meets the gateway conditions;

• (j) a claim for universal credit that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 12 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (k) a claim for universal credit that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 13 relevant districts and meets the gateway conditions;

• (l) a claim for universal credit that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 13 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given.

• (3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

• (4) Article 3(6) of the No. 9 Order applies for the purposes of paragraph (3) as it applies for the purposes of article 3(4)(a) of the No. 9 Order.

• (5) Article 3A of the No. 9 Order applies in connection with a claim for universal credit where a claimant makes an incorrect statement regarding the claimant residing in a No. 8, 9, 10, 11, 12 or 13 relevant district or meeting the gateway conditions, as it applies in connection with an incorrect statement regarding the claimant residing in a relevant district (as defined in the No. 9 Order) or meeting the gateway conditions.

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker's allowance

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• (1) The day appointed for the coming into force of the amending provisions, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

• (2) The claims referred to are—

• (a) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 23rd June 2014 in respect of a period that begins on or after 23rd June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 8 relevant districts and meets the gateway conditions;

• (b) a claim for universal credit that is made on or after 23rd June 2014 in respect of a period that begins on or after 23rd June 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 8 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (c) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 9 relevant districts and meets the gateway conditions;

• (d) a claim for universal credit that is made on or after 30th June 2014 in respect of a period that begins on or after 30th June 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 9 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (e) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 10 relevant districts and meets the gateway conditions;

• (f) a claim for universal credit that is made on or after 7th July 2014 in respect of a period that begins on or after 7th July 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 10 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (g) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 11 relevant districts and meets the gateway conditions;

• (h) a claim for universal credit that is made on or after 14th July 2014 in respect of a period that begins on or after 14th July 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 11 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (i) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 12 relevant districts and meets the gateway conditions;

• (j) a claim for universal credit that is made on or after 21st July 2014 in respect of a period that begins on or after 21st July 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 12 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (k) a claim for universal credit, an employment and support allowance or a jobseeker's allowance that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014 where, on the date on which the claim is made, the claimant resides in one of the No. 13 relevant districts and meets the gateway conditions;

• (l) a claim for universal credit that is made on or after 28th July 2014 in respect of a period that begins on or after 28th July 2014, where—

• (i) the claimant gives incorrect information regarding the claimant residing in a No. 13 relevant district or meeting the gateway conditions and does not reside in such a district or does not meet the gateway conditions on the date on which the claim is made; and

• (ii) after a decision is made that the claimant is entitled to universal credit and one or more payments have been made in respect of the claimant, the Secretary of State discovers that incorrect information regarding residence or meeting the gateway conditions has been given;

• (m) a claim for an employment and support allowance or a jobseeker's allowance that does not fall within sub-paragraph (a), (c), (e), (g), (i) or (k) and that is made during the relevant period by a claimant of universal credit who has made a claim for universal credit within one of sub-paragraphs (a) to (l).

• (3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

• (4) For the purposes of paragraph (2)(m), “relevant period” means, in relation to a claim for universal credit within paragraph (2)(a) to (l), any UC claim period, and any period subsequent to any UC claim period in respect of which the claimant is entitled to an award of universal credit in respect of the claim.

• (5) For the purposes of paragraph (4), a “UC claim period” is a period when—

• (a) a claim for universal credit within paragraph (2)(a), (b)(i), (c), (d)(i), (e), (f)(i), (g), (h)(i), (i), (j)(i), (k) or (l)(i) has been made but a decision has not yet been made on the claim; or

• (b) a decision has been made that the claimant is not entitled to universal credit and—